Wednesday, April 26, 2017

2C:36-2 Use or possession with intent to use, disorderly persons offense.

2C:36-2 Use
or possession with intent to use, disorderly persons offense.2C:36-2. Use or possession with
intent to use, disorderly persons offense.

It shall be unlawful for
any person to use, or to possess with intent to use, drug paraphernalia to
plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain,
conceal, ingest, inhale, or otherwise introduce into the human body a
controlled dangerous substance, controlled substance analog or toxic chemical
in violation of the provisions of chapter 35 of this title. Any person who
violates this section is guilty of a disorderly persons offense.

2C:36-1. Drug paraphernalia

Kenneth Vercammen's Law
office represents individuals charged with criminal and serious traffic
violations throughout New Jersey. The following is the law in New Jersey:

2C:36-1. Drug
paraphernalia, defined; determination As used in this act, drug paraphernalia
means all equipment, products and materials of any kind which are used or
intended for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
ingesting, inhaling, or otherwise introducing into the human body a controlled
dangerous substance or controlled substance analog in violation of the
provisions of chapter 35 of this title. It shall include, but not be limited
to: a. kits used or intended for use in planting, propagating, cultivating,
growing or harvesting of any species of plant which is a controlled dangerous
substance or from which a controlled dangerous substance can be derived; b.
kits used or intended for use in manufacturing, compounding, converting,
producing, processing, or preparing controlled dangerous substances or
controlled substance analogs; c. isomerization devices used or intended for use
in increasing the potency of any species of plant which is a controlled
dangerous substance; d. testing equipment used or intended for use identifying,
or in analyzing the strength, effectiveness or purity of controlled dangerous
substances or controlled substance analogs; e. scales and balances used or
intended for use in weighing or measuring controlled dangerous substances or
controlled substance analogs; f. dilutants and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used or intended for use in cutting
controlled dangerous substances or controlled substance analogs; g. separation
gins and sifters used or intended for use in removing twigs and seeds from, or
in otherwise cleaning or refining, marihuana; h. blenders, bowls, containers,
spoons and mixing devices used or intended for use in compounding controlled
dangerous substances or controlled substance analogs; i. capsules, balloons,
envelopes and other containers used or intended for use in packaging small
quantities of controlled dangerous substances or controlled substance analogs;
j. containers and other objects used or intended for use in storing or
concealing controlled dangerous substances or controlled substance analogs; k.
objects used or intended for use in ingesting, inhaling, or otherwise
introducing marihuana, cocaine, hashish, or hashish oil into the human body,
such as (1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
with or without screens, permanent screens, hashish heads, or punctured metal
bowls; (2) water pipes; (3) carburetion tubes and devices; (4) smoking and
carburetion masks; (5) roach clips, meaning objects used to hold burning
material, such as a marihuana cigarette, that has become too small or too short
to be held in the hand; (6) miniature cocaine spoons, and cocaine vials; (7)
chamber pipes; (8) carburetor pipes; (9) electric pipes; (10) air-driven pipes;
(11) chillums; (12) bongs; and (13) ice pipes or chillers.

In determining whether or
not an object is drug paraphernalia, the trier of fact, in addition to or as
part of the proofs, may consider the following factors: a. statements by an
owner or by anyone in control of the object concerning its use; b. the
proximity of the object of illegally possessed controlled dangerous substances
or controlled substance analogs; c. the existence of any residue of illegally
possessed controlled dangerous substances or controlled substance analogs on
the object; d. direct or circumstantial evidence of the intent of an owner, or
of anyone in control of the object, to deliver it to persons whom he knows
intend to use the object to facilitate a violation of this act; the innocence
of an owner, or of anyone in control of the object, as to a direct violation of
this act shall not prevent a finding that the object is intended for use as
drug paraphernalia; e. instructions, oral or written, provided with the object
concerning its use; f. descriptive materials accompanying the object which explain
or depict its use; g. national or local advertising whose purpose the person
knows or should know is to promote the sale of objects intended for use as drug
paraphernalia; h. the manner in which the object is displayed for sale; i. the
existence and scope of legitimate uses for the object in the community; and j.
expert testimony concerning its use.

Municipal Court

Jail 2C: 43- 8 jail 6 month maximum

probation 1-2 year

community service 180 days maximum

mandatory costs, VCCB and other penalties

Disorderly-
fines: 2C: 43-
3 $1,000 Fine
maximum

There are many other penalties that the court must impose in criminal
cases. There are dozens of other penalties a court can impose, depending
on the type of matter.

Drug offenses: in addition to above penalties, mandatory minimum $500
DEDR penalty, mandatory lab fee and other court costs over $200, mandatory 6
month- 2 year loss of license, Probation, drug testing and other penalties. If
attorney's Conditional Discharge motion is granted for first time offender.
penalty can be reduced. In certain drug cases, the fine can be up to $75,000.

2C:36-2. Use or possession with intent to use,
disorderly persons offense It shall be unlawful for any person to use, or to
possess with intent to use, drug paraphernalia to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise
introduce into the human body a controlled dangerous substance or controlled
substance analog in violation of the provisions of chapter 35 of this title.
Any person who violates this section is guilty of a disorderly persons offense.